HomeMy WebLinkAboutSign Board of Appeals-Agenda Packets-2/9/2016
City of Colleyville Page 1
City of Colleyville
Sign Board of Appeals
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, February 9, 2016 City Council Chambers
7:15 PM
CITY COUNCIL CHAMBERS
THIRD FLOOR
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. SWEARING IN OF NEWLY APPOINTED MEMBERS
Wayne Maynard, Place 3
Raymond Allee, Place 5
Dee Kamerman, Alternate 1
2. ELECTION OF OFFICERS
Chairperson
Vice-Chairperson
3. APPROVAL OF MINUTES
October 14, 2014
4. REGULAR AGENDA ITEMS
Approval of the updated bylaws for Sign Board of Appeals
5. PUBLIC HEARING AGENDA ITEMS
5a Request for a variance to certain provisions of Chapter 7 (Sign
Regulations) of the Land Development Code, on Lot 3R2, Block A, of
the Colleyville Shopping Village Addition, located at 6209 Colleyville
Blvd (The Benefit Link), Case SC15-003
5b Request for an appeal of interpretation, and variance to certain
provisions of Chapter 7 (Sign Regulations) of the Land Development
Code, on Lot 2A, Block 1, of the KISD Addition, located at 8170
Precinct Line Road (Taco Bell), Case SC15-004
6. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards February 5,
2016 by 5:00 p.m.
Sign Board of Appeals Agenda February 9, 2016
City of Colleyville Page 2
Taci Wrisley
Planning and Zoning Assistant
A quorum of the Colleyville City Council may be in attendance at this
meeting.
Any matter on this agenda may, at the discretion of the governing body, be
opened for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1
City of Colleyville
Sign Board of Appeals
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, October 14, 2014 City Council Chambers
Call to Order
The Sign Board of Appeals meeting of the City of Colleyville was called to order by
Board member McNosky on October 14, 2014 at 7:00 p.m.
Roll Call
Present: Board members Jason Elms, Mike Leathers, Mark Collier, Larry Kainer
(Alternate 1), and Dee McNosky
Absent: Board members Judson Orlando, and Mike Patino (Alternate 2)
Staff Present: Ron Ruthven and Taci Wrisley
1. SWEARING IN OF NEWLY APPOINTED MEMBER
Taci Wrisley swore in newly appointed member Dee Kamerman, Alternate 2
2. ELECTION OF OFFICERS
Dee McNosky was elected Chairman of the Sign Board of Appeals.
Mike Leathers was elected as Vice-Chairman of the Sign Board of Appeals.
3. APPROVAL OF MINUTES
Board member Elms made a motion to approve the minutes as
written. Board member Collier seconded.
The motion to approve the minutes as written carried by the
following vote:
Aye: 6 –Kamerman, Elms, Leathers, Collier, Kainer, and McNosky
4. PUBLIC HEARING AGENDA ITEMS
4a Request for a variance to the provisions of Chapter 7-Sign
Regulations in the Land Development Code on Abstract 936 of the J.
M. Looney Survey, located at 5100 Bluebonnet Drive, Case SC14-003
Ron Ruthven presented the case and briefed the Board.
Sign Board of Appeals Minutes
October 14, 2014
City of Colleyville Page 2
The public hearing was opened at 7:10 p.m.
David Kalhoefer, the applicant, came forward and briefed the Board.
Board member Collier questioned staff regarding whether the sign, if
approved, would be in the way of any Glade Road expansions. Ron
Ruthven replied no.
Discussion occurred regarding turn lane possibilities for Glade Road.
Board member Leathers questioned Mr. Kalhoefer regarding whether
their other proposed sign had been approved. Mr. Kalhoefer replied
yes.
Board member Leathers questioned Mr. Kalhoefer whether the sign
could be modified in order to be in compliance with the sign code.
Mr. Kalhoefer replied no.
There being no one else wishing to speak, the public hearing was
closed at 7:16 p.m.
Board member Leathers made a motion to approve Case SC14-003.
Board member Kainer seconded.
The motion to approve Case SC14-003 carried by the following vote:
Aye: 5 – Elms, Leathers, Collier, Kainer, and McNosky
5. ADJOURNMENT
The meeting adjourned at 7:17 p.m.
The minutes were written and prepared by:
Taci Wrisley
Planning and Zoning Assistant
The meeting minutes were approved on February 9, 2016 by a vote of ______.
City of Colleyville Page 1
City of Colleyville
Sign Board of Appeals
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number Agenda Date 02/09/2016 Number
Type Regular Agenda Items
Department Community Development
Title
Approval of the updated bylaws for Sign Board of Appeals
Explanation
All boards, commissions, and committees were asked to review and update their
bylaws and submit them in a uniformed template provided by the City Secretary's
office.
The Sign Board of Appeals did not have bylaws, but did operate under Rules of
Procedure. Staff has incorporated the current Sign Board of Appeals Rules of
Procedure (attached to this agenda briefing) into the proposed attached bylaws.
Statute refers to rules outlined by the Sign Board of Appeals as "regulations" or "rules
of procedure"; however, most cities refer to them as "bylaws." It is not so important
as to what the rules are called, as long as the statute is followed in regard to what the
rules, or bylaws, say and how they are adopted.
The following is a brief summary of the changes staff made while incorporating the
Rules of Procedures into the bylaw format:
Section 102 – Officers state, “The city’s chief executive officer shall designate his
representative to serve the Board as Executive Secretary”; however, it also states that
the officers shall consist of the same officers as the Zoning Board of Adjustment;
therefore, the bylaws will now reflect a Recording Secretary rather than an Executive
Secretary throughout. The Recording Secretary is a staff member.
As outlined by state statute, Board members are required to take the Texas Open
Meetings Act training and provide such certificate of completion to the City Secretary’s
office. The Rules of Procedure did not outline this requirement; therefore, staff has
included a section to incorporate this in Article IV – Duties and Responsibilities – 4.3.
The Rules of Procedure also did not have a section regarding the public notice of an
administrative appeal relative to regulations outlined in Chapter 7; staff has included a
section to incorporate this in Article VII – Appeal Procedures – 7.5(c).
Sections 401-Review of Decision and 506 – Appeal to the City Council, of the Rules of
Procedure, contain the same language; therefore, staff has created a separate section
to include this in one location, Article IX – Appeal from the Board – 9.1.
Section 402 – Refusal Required, states, “No application shall be taken to the Board
Sign Board of Appeals Agenda Briefing
City of Colleyville Page 2
until and unless the Enforcing Officer has first refused a permit…”; however, there has
been no clear definition as to who the Enforcing Officer may be. For the purposes of
the bylaws, the Enforcing Officer is the Building Official or his designee. This has been
included in the section, now numbered as Article VII – Appeal Procedures – 7.1, and is
also updated throughout the bylaws when “Enforcing Officer” is mentioned.
A draft of the proposed bylaws is attached for consideration of approval. Upon
approval, the bylaws will be presented to City Council for their subsequent approval.
Recommendation
Approve
Attachments
1.Rules of Procedure
2.Proposed Bylaws
Sign Board of Appeals Agenda Briefing
City of Colleyville Page 3
SIGN BOARD OF APPEALS BYLAWS
ARTICLE I – Identification and Purpose
The Sign Board of Appeals was established by the City Council of Colleyville,
Texas, by Ordinance O-13-1414 on September 2, 2003. The purpose of the
Sign Board of Appeals is to consider requests for variances from the
requirements outlined in Chapter 7 – Sign Regulations of the Land
Development Code.
ARTICLE II – Membership
2.1 The Sign Board of Appeals shall consist of five (5) members and two (2)
alternates, each appointed by the City Council. The term of office of
said members and alternates shall be two (2) years, or until a successor
is appointed. Three (3) members of the board and one (1) alternate
member shall be selected in even number years and two (2) members
and one (1) alternate member in odd number years. Alternate Board
members shall serve in the absence of regular members. The Sign
Board of Appeals shall consist of the same members and officers of the
Zoning Board of Adjustment.
2.2 Members must be residents of Colleyville, Texas unless City Council
waives the residency requirement.
2.3 Members shall serve without compensation and until their successors
are appointed.
2.4 Members and alternates of the Sign Board of Appeals may be removed
from office by the City Council for just cause upon receipt of written
charges and after public hearing.
2.5 Vacancies which are created by resignation, or for any other reason,
shall be filled by the City Council for the remainder of the term of the
member or alternate affected.
2.6 If a member of the Sign Board of Appeals fails to maintain a seventy-
five percent (75%) attendance record for all regularly scheduled
meetings, the Chair or staff liaison will notify the City Secretary. City
Council may, at its discretion, declare a vacancy, advertise the open
position, or appoint a replacement without advertising.
Proposed Bylaws
Sign Board of Appeals Bylaws
Page 2 of 8
ARTICLE III – Officers
3.1 The officers of the Sign Board of Appeals are the same as for the Zoning
Board of Adjustment, Chairman and the Vice-Chairman.
3.2 The Sign Board of Appeals officers are elected once a year, at the Zoning
Board of Adjustment’s first regular meeting following the appointment
of its new members, or as deemed necessary.
3.3 The Chairman shall preside at all meetings and be a voting member.
3.4 The Vice-Chairman shall preside at Sign Board of Appeals meetings in
the absence of the Chairman, and shall fulfill all of the duties of the
Chairman. Should the Chairman resign, or that office become vacant
for other reasons, the Vice-Chairman shall act as Chairman until the
election of a new Chairman.
3.5 The Recording Secretary, of the Sign Board of Appeals, shall be the
same person who fulfills those duties for the Zoning Board of
Adjustment. The Recording Secretary is to record the minutes of the
proceedings of every meeting. The Recording Secretary shall be the
custodian of the minutes and other official records, shall attend to the
correspondence of the Sign Board of Appeals, and shall cause to be
given such notices as are required and in the manner prescribed by law.
ARTICLE IV – Duties and Responsibilities
4.1 Sign Board of Appeals shall have the authority to hear and decide on
requests for a variance from the requirements outlined in Chapter 7 –
Sign Regulations of the Land Development Code.
4.2 The Sign Board of Appeals shall also have the authority to hear and
decide an appeal of an administrative decision on a regulation outline d
in Chapter 7. The authority shall be applicable to a definition outlined
in Chapter 2 – Definitions of the Land Development Code required for
the administration and enforcement of the provisions of Chapter 7.
4.3 The Sign Board of Appeals members will take the Attorney General
Texas Open Meetings Act on-line training course, available on the Office
of the Attorney General’s website, or the member may obtain a DVD of
the training course from the City Secretary, and provide a copy of the
Certificate of Course Completion to the City Secretary. The training
must be completed no later than the 90th day, after the date the member
Proposed Bylaws
Sign Board of Appeals Bylaws
Page 3 of 8
takes the oath of office, or otherwise assumes responsibilities as a
member of the governmental body.
4.4 The Sign Board of Appeals shall follow these bylaws, and these bylaws
shall govern the procedures of the Sign Board of Appeals unless
otherwise provided for by statute.
ARTICLE V – Meetings
5.1 Regular meetings shall be held on the 2nd Tuesday of each month at
7:00 p.m., at City Hall, unless otherwise provided for by the Sign Board
of Appeals, or unless no application has been scheduled for
consideration by the Board.
5.2 Special meetings for any purpose may be held (1) on the call of the
Chairman; or (2) on request of three or more regular members; or (3)
as may be scheduled by a majority of the Sign Board of Appeals at any
previous meeting.
5.3 Except as legally permitted executive session discussions, all
deliberations of the Sign Board of Appeals shall be conducted, and all of
its decisions shall be made, at a meeting that is open to the public.
5.4 All meetings shall be held in full compliance with the provisions of state
law, and these bylaws. Any party in interest shall appear before the
Sign Board of Appeals in person, by agent, or by attorney.
5.5 A quorum shall consist of four (4) members. If a regular member is
absent, the senior alternate will fill the position. If two (2) regular
members are absent, the second alternate will fill in as a regular
member. Prior to the opening of the public hearing on the first
application request being considered, the Sign Board of Appeals shall
indicate the voting members to the audience by show of hands. Any
regular or alternate member arriving after the opening of a public
hearing shall not make motions, seconds, or vote on the agenda item
being considered, but may participate in the discussion.
5.6 Meeting agendas will be posted on the City Hall bulletin boards, and the
City’s website 72 hours prior to a meeting. Meeting agenda packets will
be available to the public on the City’s website 72 hours prior to a
meeting.
Proposed Bylaws
Sign Board of Appeals Bylaws
Page 4 of 8
5.7 Additionally, the approved meeting minutes will be included in the City
Council agenda packets under Reports.
5.8 The Chairman shall secure from staff all such materials and analyses as
may be useful to the Sign Board of Appeals in considering any matter
before it.
ARTICLE VI – Official Records
6.1 Definition:
The official records shall include these bylaws, and minutes of the Board,
together with all findings, decisions, and other official actions. Notes of
the Recording Secretary, and recordings of proceedings and discussions
shall constitute the official record of the Board.
6.2 Recording of Vote:
The minutes of the Board’s proceedings shall show the vote of each
member on each decision of the Board, or if absent or failing to vote
shall indicate that fact.
6.3 Notice of Decision:
Written notice of all decisions of the Board shall be sent to the petitioner
by regular mail within 10 days.
6.4 Files – Retention:
All appeals and other matters coming before the Board shall be filed in
the City’s records. Original papers of all appeals shall be retained along
with other special matters as required by state law for permanent
record.
6.5 Public Record:
The official records, appeals accepted for filling, and other matters
presented to the Board in regular or special meeting shall be on file in
the City Hall, and shall be open to public inspection during customary
working hours.
ARTICLE VII – Appeal Procedures
7.1 Refusal Required:
No application shall be taken to the Board until and unless the Building
Official, or his designee, has first refused a permit for plans submitted
or has rendered an interpretation of the Land Development Code. The
Proposed Bylaws
Sign Board of Appeals Bylaws
Page 5 of 8
Board may consider a waiver of this requirement when the Board
determines that the cost of such plans would be an unnecessary burden.
7.2 Application Requirements:
Every request for action by the Board shall be filed on application forms
provided by the City, and shall be accompanied by the prescribed non-
refundable fee, and shall be complete in all respects before being
accepted for filing. The application shall bear the signature of the owner
of the property under appeal, or shall be accompanied by a letter from
the property owner acknowledging the application submittal. An
incomplete application or a communication purporting to be an
application, and not made in the form prescribed shall be regarded only
as a notice of intent to file application, and shall not be considered or
acted upon by the Board.
7.3 Guidelines for Application:
Every application shall be prepared by the applicant according to the
guidelines continued in the Appendices for the type of appeals by
statutes or ordinances. Where two or more different types of appeals
are included in the same application, each set of guidelines shall apply.
7.4 Filing Deadline:
Every application appeal shall be filed with the administrative official of
the Board no less than twenty (20) days prior to the scheduled meeting
date of the Board. Applications filed after the deadline shall be
scheduled for the next regular meeting. When the filing deadline falls
on a City holiday, the following workday shall be observed as the filing
deadline. Upon receipt of an application filed prior to the filing deadline,
the administrative official shall place the application on the agenda for
consideration by the Board.
7.5 Notice:
A. Public notice of any application affecting a specific property shall be
given as prescribed in the Land Development Code by means of a
written notice deposited in the United States Mail, postage prepaid,
not less than fifteen (15) days prior to the date of the scheduled
hearing. The notice shall identify the applicant, the location of the
property in question, and the nature of the request, and the
applicable requirements.
B. All property owners within two hundred (200) feet of the property
seeking the appeal shall be notified.
Proposed Bylaws
Sign Board of Appeals Bylaws
Page 6 of 8
C. Public notice of any appeal seeking an interpretation on applicable
Chapter 7 – Sign Regulations of the Land Development Code shall be
given by means of a legal advertisement appearing in the official
newspaper of the City, not less than fifteen (15) days prior to the
date of the scheduled hearing. Written notice shall also be given to
the applicant and his agent.
7.6 Submission of Evidence:
Evidence supporting the grant or denial of an appeal shall be submitted
only through the Recording Secretary, or to the Board in public meeting.
7.7 Withdrawal of Appeal:
Any application may be withdrawn upon written notice to the Recording
Secretary; but no application shall be withdrawn after giving of public
notice, and prior to the Board action thereon without formal consent of
the Board.
7.8 Expiration of Time:
In each decision of application, the Board will include a specific
expiration time for compliance.
ARTICLE VIII – Hearing and Decisions
8.1 Public Hearings:
Hearings on all matters on which a decision of the Board is required by
law shall be open to the public. The applicant may appear on his own
behalf or be represented by counselor agent.
8.2 Order of Business:
The Chairman shall call the Board to order and the Recording Secretary
shall record the members present and absent. The Chairman shall
publicly advise those present of the procedures followed in the hearing
and disposition of applications; the Chairman shall call each application
and shall announce the name of the applicant, the location of the
property involved, and the nature of the request. Each case may be
taken under advisement until all have been heard.
8.3 Procedure for Hearing:
A. The Chairman shall ask staff to outline the applicant’s request, advise
the Board of any communications received, and present copies of any
supporting evidence for or against each case.
Proposed Bylaws
Sign Board of Appeals Bylaws
Page 7 of 8
B. The Chairman shall open the public hearing, and call upon the
applicant to present his request and all supporting evidence.
C. The Chairman shall then call on those to speak who support the
application.
D. The Chairman shall then call on those opposed to the application to
speak or those who may have questions.
E. The applicant shall be given opportunity to respond to arguments
presented by the opposition. Following the rebuttal, the Chairman
shall order the hearing closed.
F. The Chairman shall ask for discussion from members of the Board or
a motion for action. The chairman or any member of the Board may
direct a question to the applicant, to any person speaking, or to staff
in order to obtain relevant facts, circumstances, or conditions
affecting the applicant’s request.
G. During the public hearing, all parties shall be given equal opportunity
to speak without interruption. Only testimony presented at the
speakers’ stand shall be entered into the public record. Questions or
arguments between individuals seated in the audience will not be
permitted or entered into the public record.
H. The Board may not hear an appeal when the applicant fails to appear
unless the applicant has requested that the Board act without the
applicant’s presence at the hearing; provided, however, the Board
may hear those persons appearing in response to the notice of
hearing.
8.4 Disposition of Appeals:
After each application has been heard, the Board may approve, approve
with modifications, or deny an appeal. In approving a request, the Board
may impose such conditions as appropriate. The Board may also defer
action on any application whenever it determines that additional
evidence is needed, or that alternate solutions require further study. An
application may be dismissed when the Board finds that the appeal has
been improperly filed, or upon notification by the Building Official, or his
designee, that permits have been issued for a sign, which conforms to
the regulations.
Proposed Bylaws
Sign Board of Appeals Bylaws
Page 8 of 8
8.5 Vote Required:
The affirmative vote of four members shall be necessary to approve, or
to approve conditionally, any matter before the Board. Any motion in
favor of an applicant failing to receive a second or four affirmative votes
shall be considered a denial, unless a subsequent motion is offered and
approved. When an application fails to receive a second or four
affirmative votes, the Recording Secretary shall record in the minutes
an entry stating that the application was denied.
ARTICLE IX – Appeal from the Board
9.1 Review of Decision:
The decision of the Sign Board of Appeals shall be final, unless the
applicant submits a written notice of appeal within ten (10) days from
the date of the action by the Board. The Recording Secretary shall re-
notify all property owners lying within 200 feet of the area being
considered and place the applicant’s appeal request on the next
available agenda for consideration by the City Council.
ARTICLE X – Certification and Amendments
10.1 Certified Copy:
A certified copy of these bylaws, and of any amendments thereto, will
be placed on record in the office of the City Secretary within ten (10)
days following their day of adoption.
10.2 Repealing Clause:
All previously adopted rules and regulations of the Board shall be and
the same are hereby expressly repealed.
10.3 Amendment Procedure:
Amendments to these bylaws may be made by the Board at any
meeting, upon the affirmative vote of four members; however, Chapter
211 of the Local Government Code requires the regulations be adopted
by the governing body.
Proposed Bylaws
City of Colleyville Page 1
City of Colleyville
Sign Board of Appeals
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5a Agenda Date 02/09/2016 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Request for a variance to certain provisions of Chapter 7 (Sign Regulations) of the
Land Development Code, on Lot 3R2, Block A, of the Colleyville Shopping Village
Addition, located at 6209 Colleyville Blvd (The Benefit Link), Case SC15-003
Explanation
The applicant, Lynn Bural, of All Star Signs is requesting a variance to certain
requirements of Chapter 7 (Sign Regulations) of the Land Development Code on
approximately 1.04 acres located at 6209 Colleyville Boulevard. The applicant is
requesting multiple variances to allow a large wall sign for The Benefit Link, a business
that assists seniors with Medicare.
Existing Conditions/Background: The subject property is generally located on the
east side of Colleyville Boulevard, south of Tinker Road and north of Hardage Lane.
The subject property is zoned CC-2 Shopping Center District and is platted as Lot 3R2,
Block A, of the Colleyville Shopping Village Addition.
The subject property is developed with one commercial building, which is located
within a larger commercial and office center along Colleyville Boulevard. The previous
tenant on the subject property (AMCAP Mortgage Ltd.) operated with a sign meeting
the regulations of Chapter 7 (Sign Regulations).
Upon receipt of the original sign application, staff expressed concerns related to the
safety and structural integrity of the sign as proposed. Staff requested the applicant
resubmit plans stamped by a licensed engineer, verifying the structural integrity of the
sign and its proposed placement which spans a 10- foot recessed wall. The applicant
has provided the engineered plans which are attached for review.
The proposed application deviates from three of the four standards required for wall
signs in Chapter 7. The current proposal will require a variance from the maximum
area, maximum width, and horizontal projection provisions of Chapter 7; each of these
variances have been detailed below.
Requested Variances to Wall Signs: The applicant is requesting a variance to
multiple provisions of Chapter 7 (Sign Regulations) of the Land Development Code to
allow for a large sign (23 feet, six inches), which is proposed to span across three
distinct and separate wall planes of the building; the center plane is recessed
approximately six feet. The attached “Building Façade and Sign Details” illustrates the
Sign Board of Appeals Agenda Briefing 5a
City of Colleyville Page 2
proposed placement of the sign and the proposed manner of attachment to the
building. The applicant has indicated that a larger sign should be permitted due to the
articulations on the front building façade and the presence of large trees along
Colleyville Boulevard.
Maximum Area:
Request – The applicant is requesting a variance to the maximum area requirements
for a wall sign. The total area of the proposed wall sign is 68 square feet.
Ordinance – Section - 7.175.D.1 of the Land Development Code states:
“The total area of all wall signs on a single tenant
building or occupancy space of a multi-tenant building
shall not exceed the product of two times the lineal
width of the wall on which such signs are located. For
purpose of this regulation, on multi-tenant buildings,
the width of each lease space shall be used to calculate
each sign width.”
Analysis – Staff interprets the preceding ordinance language to require the wall sign to
be attached to one wall. This interpretation is based on the following language: “shall
not exceed the product of two times the lineal width of the wall on which such signs
are located.” The proposed sign exceeds the maximum allowable area on each of the
12 foot faces (24 square feet) by approximately 183 percent, and exceeds the
maximum allowable area of the 10 foot face (20 square feet) by approximately 240
percent. The degree of the requested variance is significant and could set a precedent
for future sign requests.
Maximum Width:
Request – The applicant is requesting a variance to the maximum width requirements
for a wall sign. The proposed sign would be attached to two separate faces and would
span one face without being attached. The total width of the proposed sign is 23 feet,
six inches.
Ordinance – Section - 7.175.D.3 of the Land
Development Code states: “Seventy-five percent
(75%) of the width of the wall area to which it is
attached. When more than one wall sign is used,
the combination of the sign widths, when placed
side by side, shall not exceed seventy-five (75%) of
the width of the wall to which they are attached.”
Analysis – Staff interprets the above referenced ordinance language to require a sign
to be attached to only one wall face. Revisiting the language, it states: “Seventy-five
percent (75%) of the width of the wall area to which it is attached.” In the current
proposal, the sign is attached to two 12-foot wall faces, and spans one 10-foot wall in
the middle to which it is not attached. The ordinance language does not readily provide
Sign Board of Appeals Agenda Briefing 5a
City of Colleyville Page 3
a method to calculate the maximum width of a sign attached in this manner. However,
to illustrate the deviation using staff’s interpretation, the width of the sign (23 feet, six
inches) exceeds the 75 percent maximum width (9 feet) of the 12 foot face to which it
is attached by approximately 161 percent. This deviation is further compounded when
calculated for both wall faces. Staff recognizes the unique design characteristics of
building and the desire of the business owner to have highly visible signage. The
degree of the requested variance is significant and could set a precedent for future sign
requests.
Horizontal Projection:
Request – The applicant is requesting a variance to the maximum projection from the
vertical plane of the wall. The proposed wall sign will project approximately six feet
from the center wall face. This projection is approximately 300 percent greater than
the permitted projection (18 inches) from a wall.
Ordinance – Section - 7.175.D.3 of the Land Development Code states: “No wall sign
shall project from the vertical plane of the wall more than eighteen inches (18”).”
Analysis –The applicant has provided engineered drawings to support the installation
and integrity of the sign, however, the proposed projection could present safety issues
over time. The degree of the requested variance is significant and could set a
precedent for future sign requests.
Surrounding Development: The table below reflects the surrounding zoning and
existing land uses for the subject property as further illustrated on the attached
location map:
PUD-C Planned Unit
Development
Commercial (Llano
Sales and Marketing)
CC-2 Shopping Center
District (Cornerstone
Lending)
CC-2 Shopping Center
District (Commercial
Offices)
CN Neighborhood
Commercial (State
Farm)
Subject Property
CC-2 Shopping Center
District (The Benefit
Link)
CC-2 Shopping Center
District (Diversified
Mortgage)
CPO Professional Office
(Alamo Title)
CC-2 Shopping Center
District (Reunion Title)
CC-2 Shopping Center
District (Commercial
Offices)
Public Notification: Staff mailed notices to 21 property owners within 200 feet of the
site. Notice was published in the Fort Worth Star-Telegram as required by State law
and the Land Development Code. Staff has received no correspondence regarding this
request.
Staff Recommendation: The applicant is requesting multiple variances to the
provisions for wall signs established in Chapter 7 (Sign Regulations) of the Land
Sign Board of Appeals Agenda Briefing 5a
City of Colleyville Page 4
Development Code. Staff interprets the ordinance language to only permit a wall sign
to be attached to one wall. Based on this interpretation, the proposed sign far exceeds
the standards for maximum area, maximum width, and horizontal projection. While
staff recognizes the unique design characteristics of the building, the degree of the
requested variances are significant and could set a precedent for future sign requests.
Staff recommends denial of all three variance requests.
Recommendation
Denial
Attachments
1. Zoning Map
2. Aerial Map
3. Statement of Planning Objectives
4. Building Facade and Sign Details
5. Public Notification Map
6. Public Notification List
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184516291833173717251901184117411621
16041542
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AGR-20
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ML
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Subject Property
Zoning Map
FOUNTAIN PASS DR
OAK POINTE DR
ROCK DOVE
CIR
PECAN
CROSSING DR
OAK POINTE DR
CO
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Subject Property
Aerial Map
CAMDEN CT
GROSVENOR
LN
FOUNTAIN PASS DR
BR
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ROCK DOVE
CIR
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CROSSING DR
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Case SC15-003
6209 Colleyville Blvd.
Subject Property
Legend
Properties within 200 feet
Subject Property
Parcels
Notification Map
Owner Name Owner Address Owner City Owner State Owner Zip Situs Address
STRICTLAND, DOUG 6208 COLLEYVILLE BLVD COLLEYVILLE TX 76034 6208 COLLEYVILLE BLVD # B
PECAN GARDENS ESTATES LP 901 JOHN MCCAIN RD COLLEYVILLE TX 76034 6220 COLLEYVILLE BLVD
AVALON COMM PROPERTIES LLC 3145 GEARY BLVD STE 737 SAN FRANCISCO CA 94118 6219 COLLEYVILLE BLVD
JACE PROPERTIES LLC 3241 HORSESHOE DR GRAPEVINE TX 76051 6208 COLLEYVILLE BLVD # A
JACE PROPERTIES LLC 3241 HORSESHOE DR GRAPEVINE TX 76051 6208 COLLEYVILLE BLVD
COLLEYVILLE PROPERTIES LLC 3145 GEARY BLVD STE 737 SAN FRANCISCO CA 94118 6213 COLLEYVILLE BLVD
CAMPO SAN ANTONIO LLC PO BOX 15697 NEWPORT BEACH CA 92659 6207 COLLEYVILLE BLVD
COLLEYVILLE PROPERTIES LLC 3145 GEARY BLVD STE 737 SAN FRANCISCO CA 94118 6221 COLLEYVILLE BLVD
VILLAS AT OAK POINTE HOA INC 6308 WESTCOAT DR COLLEYVILLE TX 76034 1731 FOUNTAIN PASS DR
COLLEYVILLE PROPERTIES LLC 3145 GEARY BLVD STE 737 SAN FRANCISCO CA 94118 6221 COLLEYVILLE BLVD
FALI HOLDINGS INC 2326 W AIRPORT FWY IRVING TX 75062 6205 COLLEYVILLE BLVD
DREILING REALTY LLC 6308 WESTCOAT DR COLLEYVILLE TX 76034 1542 PECAN CROSSING DR
4 H REAL ESTATE LLC 6125 COLLEYVILLE BLVD COLLEYVILLE TX 76034 6125 COLLEYVILLE BLVD
VILLAS AT OAK POINTE HOA INC 6308 WESTCOAT DR COLLEYVILLE TX 76034 1534 PECAN CROSSING DR
R H LENDING INC 6209 COLLEYVILLE BLVD COLLEYVILLE TX 76034 6209 COLLEYVILLE BLVD
PMT PARTNERS IX LTD 1585 KAPIOLANI BLVD STE 1110 HONOLULU HI 96814 6201 COLLEYVILLE BLVD
COLLEYVILLE SQUARE PTNRS II 99 MAIN ST STE 200 COLLEYVILLE TX 76034 6203 COLLEYVILLE BLVD
OSK INVESTMENTS LP 902 TURNBERRY LN SOUTHLAKE TX 76092 6203 COLLEYVILLE BLVD
BUFE, MARTHA 1509 TINKER RD COLLEYVILLE TX 76034 1509 TINKER RD
VILLAS AT OAK POINTE HOA INC 6308 WESTCOAT DR COLLEYVILLE TX 76034 1536 PECAN CROSSING DR
HALLEN, P 1600 PECAN CROSSING DR COLLEYVILLE TX 76034 1600 PECAN CROSSING DR
LYNN BURAL 5104 CHELSEA DRIVE COLLEYVILLE TX 76034 APPLICANT
Public hearing notices were mailed
Friday, January 22, 2016 by Taci
Wrisley
Notification List
City of Colleyville Page 1
City of Colleyville
Sign Board of Appeals
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5b Agenda Date 02/09/2016 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Request for an appeal of interpretation, and variance to certain provisions of Chapter 7
(Sign Regulations) of the Land Development Code, on Lot 2A, Block 1, of the KISD
Addition, located at 8170 Precinct Line Road (Taco Bell), Case SC15-004
Explanation
The applicant, Taco Bell, is requesting to install a set of six illuminated aluminum
strips/accents (“illuminated slat wall panels”) on their new building at 8170 Precinct
Line Road, as part of their sign permit package consisting of 15 total signs (the others
of which have been approved and installed). Staff has determined that the proposed
slats are indeed signs per the Land Development Code.
The applicant is appealing the determination that the illuminated slat wall panels are
signs. If the slats are considered signs, there are two options for classification in the
Land Development Code, in terms of what regulations would apply; if the slats are not
considered signs, there are two other options for classification in the Land
Development Code, in terms of what regulations would apply. The appeal regarding
the illuminated slat wall panels being considered signs and the potential regulatory
classifications have been detailed throughout the report below.
1. Are the illuminated slat wall panels “signs”?
a. Yes
i. Wall Signs (then two proposed variances)
ii. Other Signs
b. No
i. Exterior Building Material
ii. Exterior Lighting
Existing Conditions/Background: The property is currently platted as Lot 2A, Block
1, of the KISD Addition, and developed with a new restaurant building, Taco Bell. The
subject property is zoned CC2 – Shopping Center District.
Applicant’s Appeal Request: The applicant is proposing to install a set of six
illuminated slat wall panels along the top of the new building, along the north, west,
and south sides. The illuminated slat wall panels would be aluminum, painted a bronze
color, and would contain white LED lighting behind the second and fourth slats on each
horizontal five-slat wall panel. Pictures of the fully lit illuminated slat wall panels have
been attached for reference. The applicant contends that the illuminated slat wall
Sign Board of Appeals Agenda Briefing 5b
City of Colleyville Page 2
panels should be considered as an exterior building material, “building accents,”
instead of “signs” as classified during the sign permitting process.
Ordinance –
• Chapter 2 (Definitions) of the Land Development Code defines “sign” as: “Any
device designed to inform or attract the attention of persons not on the premises
on which the sign is located. A sign may include, but is not limited to, flag,
banner, pennant, beacon, light, logo, insignia, name, number, identification,
illuminated strip or accent, and outdoor display of merchandise.”
• Section 6.5 (Exterior Building Colors and Materials) of the Land Development
Code states the following regarding “building accents”: “The exterior walls of all
commercial and institutional buildings constructed as provided for in this chapter
shall be composed of 100% percent masonry, glass, or other equivalent material.
However, building accents such as wood, EIFS, Hardie Plank or decorative metal
trim are permitted such they do not exceed 15 percent of the total exterior wall
surface area.”
Analysis – The six illuminated slat wall panels submitted as part of the applicant’s sign
package are designed to attract the attention of persons not on the premises on which
the sign is located, namely traffic on Precinct Line Road. The panels are strips or
accents, and the panels are illuminated. Staff considered the applicant’s point of view,
but Section 6.5 (as provided above) does not expressly state that decorative metal
trim can be illuminated if considered an exterior building material.
The definition of a sign expressly contains “illuminated strip or accent” and contains an
applicable function to the proposed panels by stating signs are designed to “attract
attention of persons not on the premises on which the sign is located.” Based on these
findings of fact, the illuminated slat wall panels were classified as “signs.”
Potential Regulatory Classifications: If considered a sign by the Sign Board of
Appeals, there are two potential regulatory classifications that would determine what
regulations would apply to the proposal: wall signs or other signs. If not considered a
sign by the Sign Board of Appeals, there are two other potential regulatory
classifications that would determine what regulations would apply to the proposal:
exterior building material or exterior lighting. The four potential regulatory
classifications and “decision tree” are detailed below:
1. Are the illuminated slat wall panels “signs”?
a. Yes
i. Wall Signs: Chapter 2 (Definitions) of the Land Development Code defines
“sign, wall” as: “A sign erected flat against an exterior wall, supported by
the wall, and having the sign face parallel to and not more than twelve
inches from the wall surface. Neon tubing attached directly to a wall
surface shall be considered a wall sign.”
Sign Board of Appeals Agenda Briefing 5b
City of Colleyville Page 3
The six illuminated slat wall panels would comply with two of the four
standards for wall signs in the Land Development Code (Section 7-175 –
Permanent Attached Signs – Classification and Regulations, D. Wall
Signs). The two standards that are inconsistent with the Land
Development Code (maximum area and maximum width) would require
approval of two variances to Chapter 7 (Sign Regulations) prior to the
approval of the associated sign permits. The two proposed variances are
detailed further below (see “Proposed Variances”).
OR
ii. Other Signs: Chapter 7 (Sign Regulations) of the Land Development Code
contains Section 7-130 (General Conditions Applicable to All Signs) which
applies to all signs, regardless of classification. Should the sign not be
considered a “wall sign,” but still a “sign,” these regulations could apply.
These regulations would require an engineered design, permitting,
installation by a registered sign contractor, and inspection, amongst other
items. The six illuminated slat wall panels would comply with this Section
as proposed by the applicant and would require sign permits.
b. No
i. Exterior Building Material: Section 6.5 (Exterior Building Colors and
Materials) of the Land Development Code states the following regarding
“building accents” as exterior building materials: “The exterior walls of all
commercial and institutional buildings constructed as provided for in this
chapter shall be composed of 100% percent masonry, glass, or other
equivalent material. However, building accents such as wood, EIFS, Hardie
Plank or decorative metal trim are permitted such they do not exceed 15
percent of the total exterior wall surface area.” The six illuminated slat wall
panels would comply with this Section as proposed by the applicant and
would not require a permit.
OR
ii. Exterior Lighting: The Land Development Code is generally silent on
exterior lighting. The installation of can lights on buildings, light poles in
parking lots, and lights on commercial properties is typical. A photometric
plan (i.e. lighting plan) is required with building permit submittals, but
exterior lighting is only regulated when indirect standards apply such as
zoning district height, required zoning setbacks, etc. The six illuminated
slat wall panels would comply with the City’s codes and regulations as
proposed by the applicant and would not require a permit.
Sign Board of Appeals Agenda Briefing 5b
City of Colleyville Page 4
Proposed Variances if Wall Signs:
Maximum Area:
Request – The applicant is proposing an increase of approximately 12 percent above
the maximum area permitted for a wall sign for each sign (illuminated slat wall panel).
Ordinance – Section - 7.175.D.1 of the Land Development Code states:
“The total area of all wall signs on a single tenant
building or occupancy space of a multi-tenant building
shall not exceed the product of two times the lineal
width of the wall on which such signs are located. For
purpose of this regulation, on multi-tenant buildings,
the width of each lease space shall be used to calculate
each sign width.”
Analysis – The proposed increase in maximum area is not consistent with the intent
and/or requirements of Chapter 7 (Sign Regulations) of the Land Development Code.
Additionally, each building elevation on which the illuminated slat wall panels are
proposed to be located contains a minimum of two approved wall signs. The addition of
the illuminated slats will increase the amount of signage for each elevation and
produce more ambient light on the subject property. Staff does not recognize the need
to grant a variance to the maximum area requirements since a significant amount of
signage is already provided, and the slats can be left on the building as accents if not
illuminated.
Maximum Width:
Request – The applicant is proposing an increase of approximately 25 to 33 percent
above the maximum width permitted for a wall sign for each sign (illuminated slat wall
panel).
Ordinance – Section - 7.175.D.3 of the Land
Development Code states: “Seventy-five percent
(75%) of the width of the wall area to which it is
attached. When more than one wall sign is used, the
combination of the sign widths, when placed side by
side, shall not exceed seventy-five (75%) of the
width of the wall to which they are attached.”
Analysis – Similarly to the maximum wall area variance request, the proposed increase
in maximum width is not consistent with the intent and/or requirements of Chapter 7
(Sign Regulations) of the Land Development Code. As previously stated, each building
elevation on which the illuminated slat wall panels are proposed to be located contains
a minimum of two approved wall signs. The requested deviations from the current
standards would set a precedent for future sign variance requests where a sign is
Sign Board of Appeals Agenda Briefing 5b
City of Colleyville Page 5
proposed to exceed the standard in excess of 25 percent. Staff does not recognize the
need to grant a variance to the maximum width requirements since a significant
amount of signage is already provided, and the slats can be left on the building as
accents if not illuminated.
Surrounding Development: The table below reflects the surrounding zoning and
existing land uses for the subject property as further illustrated on the attached
location map:
City of North Richland
Hills (Kroger)
CC-1 Village Retail
District (B&W Cabinets)
CC-2 Shopping Center
District (Liberty
Elementary)
City of North Richland
Hills (Kroger)
Subject Property
CC-2 Shopping Center
District (Taco Bell)
CC-2 Shopping Center
District (Liberty
Elementary)
City of North Richland
Hills (Single Family
Home)
PUD-C – Planned Unit
Development-
Commercial (Met Life)
PUD-C – Planned Unit
Development-
Commercial (Memory
Care)
Public Notification: Staff mailed notices to seven property owners within 200 feet of
the site. Notice was published in the Fort Worth Star Telegram as required by state law
and the Land Development Code. Staff has received no correspondence regarding this
request.
Staff Recommendation: The applicant is appealing the determination that the set of
six illuminated slat wall panels are signs and asserts that they should be considered
exterior building materials. Staff recommends that they be considered signs and
further recommends that they be classified as wall signs. Should they be considered
wall signs and the two variances be considered, staff recommends denial of the
variance to maximum width and denial to the variance to maximum area. Denial of
both variances would result in the slat wall panels remaining on the building, but the
slat wall panels would not be illuminated.
Recommendation
Denial
Sign Board of Appeals Agenda Briefing 5b
City of Colleyville Page 6
Attachments
1. Zoning Map
2. Aerial Map
3. Interpretation of Appeal Letter
4. Sign Photos
5. Elevation Plans and Sign Details
6. Public Notification List
7. Public Notification Map
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CC-2
PUD-C
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Subject Property
City of
North Richland Hills
Zoning Map
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/
Subject Property
City of
North Richland Hills
Aerial Map
Owner Name Owner Address Owner City Owner State Owner Zip Situs Address
KELLER, ISD 350 KELLER PKWY KELLER TX 76248 1101 MCDONWELL SCHOOL RD W
USMC COLLEYVILLE LLC 14881 QUORUM DR STE 250 DALLAS TX 75254 8100 PRECINCT LINE RD
TERRY, GLENDA J TRUSTEE ETAL 8200 PRECINCT LINE RD NORTH RICHLAND HILLS TX 76182 8196 PRECINCT LINE RD
BOJKU, AFRIM 5309 COLLYVILLE BLVD COLLEYVILLE TX 76034 8170 PRECINCT LINE RD
PINEY WOODS RESTAURANTS LP 101 E CHEROKEE ST JACKSONVILLE TX 75766 PRECINCT LINE RD
CORLISS STONE-LITTLES LLC 8180 PRECINCT LINE RD STE 150 COLLEYVILLE TX 76034 8180 PRECINCT LINE RD
GENE YOUNG STANDARD INS A CORP 620 W PIPELINE RD HURST TX 76053 8190 PRECINCT LINE RD
TAYLOR TOMPKINS 2633 BLUE MOUND RD W HASLET TX 76052 APPLICANT
Public hearing notices were mailed
Friday, January 22, 2016 by Taci Wrisley
Notification List
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8170
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8180
1000
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8200
6601 6600
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Case SC15-004
8170 Precinct Line Rd
Subject Property
City of
North Richland Hills
Legend
Properties within 200 feet
Subject Property
Parcels
Notification Map